Jurisdiction

Artificial Intelligence (AI), Contract, European Union, Exceptions and Limitations, Text and Data Mining (TDM)

(Brazilian Copyright Institute (IBDAutoral)) and (KU Leuven Centre for IT & IP Law)/ /Leave a comment

Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways….

Artificial Intelligence (AI), European Union, Fair Use, United Kingdom, USA

(University of Milan)/ /2 Comments

Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…

Brazil, Fair Use, USA

(Di Blasi, Parente & Associados)/ /Leave a comment

US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc.. v. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Lynn Goldsmith, an esteemed American photographer, captured a significant moment in…

CDSM Directive, European Union

(NOVA School of Law and Knowledge Rights 21)/ /Leave a comment

In a period when the COVID-19 pandemic is occupying less and less space in the daily news and in our thoughts, with the World Health Organization (WHO) having stated that it “no longer constitutes a public health emergency of international concern”, things may seem to be returning to the normal. This is, of course, a…

Case Law, France, Infringement, Originality

(REALEX)/ /Leave a comment

In a case between Google and the creator of the font used by the French newspaper Le Monde, the Paris Court of First Instance (‘Tribunal Judiciaire’) has handed down a judgment in which it ruled that the font created for the newspaper is original and thus protected by copyright, even though it found that Google’s…

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Round-up

(University College London) and (Institute for Information Law (IViR))/ /1 Comment

Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. You can read the previous round-ups…

Authorship, Database right, Originality, Ownership, United Kingdom

, (Bristows LLP)/ /1 Comment

Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “Bitcoin File Format”).  Justice Mellor concluded that copyright could not subsist in the…

CDSM Directive, Contract, Digital Single Market, Exceptions and Limitations, Legislative process, Liability, Portugal, Press Publishers ’ Right

(Universidade Católica Portuguesa) and (NOVA School of Law Lisbon)/ /Leave a comment

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project (Project 52/XV), which, in turn, was a variation of a previous project (Project 114/XIV) that failed due…